Special Circumstances

Question 1

Legal Remedies

Answer 1

Actual damage for personal or property damage, punitive damages can be available where the action is willful

Question 2

Equitable Remedies

Answer 2

Restitution and injunction

Question 3

Joint and Several Liability

Answer 3

Two or more acts combine to cause one indivisible injury or two or more acts in concert (liable for entire damages), liability is based on equal shares of measurable fault

Question 4

Comparative/Contributory Negligence

Answer 4

Based on relative fault

Question 5

Indemnity

Answer 5

Shifts entire burden of loss to non-culpable party

Question 6

Vicarious Liability

Answer 6

Imputed negligence derivatively imposed due to existing relationship

Question 7

Respondent Superior

Answer 7

Employers are liable for the torts of their employees if the tort was within the scope of employment (detour vs. frolic), generally, there is no vicarious liability for intentional torts

Question 8

Vicarious Liability for Independent Contractors

Answer 8

Principal is not liable for torts of the agent unless inherently dangerous activity or non-delegable duty

Question 9

Parent/Child Vicarious Liability

Answer 9

No vicarious liability unless knows of child’s dangerous propensities or child acts and an agent of the parent

Question 10

Vicarious Liability for Automobiles

Answer 10

No vicarious liability unless family car doctrine or permissive use statute, principal and agent relationship, or within the scope of employment

Question 11

Vicarious Liability for Joint Activities

Answer 11

(1) agreement; (2) common purpose; and (3) share in control

Question 12

Survival Actions

Answer 12

Allows the personal representative of the decedent’s estate to pursue claims that the decedent his or herself would have had at the time of death

Question 13

Wrongful Death Actions

Answer 13

The decedent’s spouse, next of kin, or other personal representative can bring suit to recover losses suffered as a result of decedent’s death